Can I get my ex-domestic partner off the deed?
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Can I get my ex-domestic partner off the deed?
My ex-domestic partner and I purchased a vacation home 8 years ago. We were together for 9 years but were not legally connected. We separated a year ago. I put down the down payment on the vacation home, and have made every single mortgage payment, because she was unemployed. She won’t help with the mortgage, and won’t sign a quit claim deed. If we sell the property, she wants 50% of the proceeds, which could be substantial since I have made a lot of extra payments to principal. The mortgage is down to $48,000 and the house was recently appraised at $240,000. Is there anything I can do?
Asked on April 15, 2012 under Real Estate Law, Maine
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately for you to have placed your former domestic partner on the deed to the property that you have written about you essentially gave a gift to her of a certain amount. Since she has not made any payments on the property, you could argue that the gift that you made was for the amount of equity at the time the gift was made in the property and that since you have made all payments since, you get the bulk of appreciation in the parcel.
I suggest that you consult with a real estate attorney about a possible buy out of the interests of the former domestic partner in exchange for a grant deed to you and if not able to do so, a lawsuit for a partition and declaratory relief might be in order where you could claim there was an implied agreement that she was to pay equally with the debt load of the property that you have written about.
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